I just watched that clip.
West did a great job calling out prosecutorial misconduct and withholding exculpatory evidence.
He preserved error and simultaneously allowed the judge to either ignorantly or maliciously mischaracterize the case law.
Those text messages should be admitted because there is enough corroborating evidence (establishing authenticity- even under the case law cited by the judge) for the jury to consider the weight to be given them as the trier of fact.
And great job by West preserving error by asserting that the actions of the state and the court deprived GZ of a fair trial under the FL and US Constitution.
Amazing how many lawyers don’t do that.
I always set up constitutionally reversible landlines during trial. I consider it malpractice not to.
Otherwise the error is waived and can’t be raised on appeal.
I can say from first hand experience that jurors (while often not too bright) have a keen sense of when the judge is shafting the defense.
They don’t like it.
I lost one case as a prosecutor. I proved my case beyond all reasonable doubt. But when I spoke to the jury afterwards they told me straight up that he was guilty, but the judge had it in for the defendant and was rude to ME, so they acquitted just to spite the judge.
At the time I wasn’t happy.
But since then I have learned the art of making the proceedings appear slanted and biased against my client.
When I was brand new I would deliberately ask questions out of proper form and bait the prosecutor into objecting to every question based on form.
It PISSED off the jury and turned them against the state.
The jury understood the questions, but the little prickl prosecutor wanted to be a bully, and I was all too happy to let him.
Now I can’t play the rookie card, but the traps are still there.
In this case the judge is played for a fool, although she is really doing a poor job from what I can tell.
Lastly, the judge explains her reasoning (ignorance) way too much.
She should force the parties (state) to argue the basis for excluding evidence.
The best trial judges make the parties duke it out then the court either sustains, overrules, grants, or denies.
I call it “rule and run”.
Many cases have been flipped because the trial judge exposes her ignorance by explaining (can’t keep her trap shut) her reasoning.
Zimmerman should walk.
Walk and pack that is:-)
Concur
Particularly about the objections. MOM is pushing the prosecutions. “Objection” button and not choosing to play the game when they attempt to hook them
What do you think will happen with the cell phone record? Sanctions?
What action against the judge?
Unfortunately the jury had been dismissed 5 hours prior to that speech by West and Nelson’s blatant b.s. at 10pm last night.